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Mr. Robert F. T. KraSSa - 5 - July 26, 1993 <br />3. Our records indicate that Wyoming Fuel Company notified the owners of <br />Lots 1, 2, 3, and 10 in Rancho Escondido, apparently the only lots which <br />to date have been undermined, in March of 1990. Undermining of Lot 10 <br />began in August of 1990, and undermining of Lot 1 began in October of <br />1990. The undermining of Lots 2 and 3 closely followed. <br />4. Permit Revision PR-O1 was submitted in September of 1989 and approved in <br />July of 1990. No comments regarding the application were received from <br />landowners at that time. Purchases of land within areas approved for <br />mining following the,date of Division approval do not qualify the new <br />landowners for requesting a "re-opening" of the permit application review <br />process. <br />5. The Division received notification of Wyoming Fuel's intent to undermine <br />the Rancho Escondido subdivision as part of the Permit Revision PR-Ol <br />application. The Division received this revision application in September <br />of 1989 and approved it in July of 1990. <br />6. You are correct in stating that as of the date of your first letter to us, <br />part of the Rancho Escondido subdivision had been undermined. Lots <br />currently partially undermined are Lot 1, Lot 2, Lot 3 and Lot 10. <br />7. This concern addresses two issues: the issue of landowners required to be <br />identified in permit applications, and the issue of landowners required to <br />receive notice of underground mining operations. <br />Rule 2.03.4(6) defines what information is required in permit applications <br />regarding owners of record at the time of application submittal. <br />Rule 4.20.2 defines which persons are to receive notification by mail at <br />least six months prior to mining beneath their property or residences. <br />These two sets of persons may not necessarily be the same. <br />Land ownership can change over time. Underground mining operations as <br />approved in permits may take years from the date of permit (or permit <br />revision) approval to fully implement. As such, while there may now be as <br />many as sixteen owners of land that overlies underground mining <br />operations, these new landowners would not have been required to have been <br />listed if, at the time of either the original 1983 application or the 1989 <br />revision, they did not fall under the criteria for listing outlined in <br />Rule 2.03.4(6). <br />Placing current landowners in the 1989 permit revision application files <br />would be inappropriate if they were not required to be listed at that <br />time. However, should any new permit revisions be submitted to the <br />Division that will potentially affect these new owners, the operator <br />should let these owners know at that time. <br />